Building Approval + Share of Freehold deed

cisko65

Hi, 

In 2006 I did some big(ish) works in my leasehold flat (with the freeholder's informal permission). I've got two issues. 

1) having applied for building approval without finishing the process (planning permission wasn't necessary).

2) never changing the floors plan  in the share of freehold some years later.

My informal project manager advised me to apply for the building approval. A building officer came twice and said everything was fine and that I just needed the electrical certificate. The electrical works were done by a non-qualified builder and an electrician came to check, and approved. I did the most stupid thing nobody should do: I paid him before getting the certificate! And I didn't.
I don't think the electrical system strictly meet the official  regulations.

Another problem is that I never altered the floors plan in the 70's leasehold deed. And neither when I got a share of freehold.

What should I do if I want to sell? This is not a case of an "unofficial roof terrace" you see on some estate agents' adverts and I'm concerned.

Thanks for reading a very long thread!

eddddy

Presumably you are still a joint freeholder (i.e. you still own a share of the freehold) - are you on good terms with the other joint freeholders?

If so, all the joint freeholders can sign a "freeholders' consent for alterations" letter. That might be sufficient for most buyers. (Assuming that's what the lease requires.)

But if a buyer really wants the official lease plan updated, then all the joint freeholders would need to sign a "deed of variation" - which might incur legal fees, etc.


And the buyer could probably get indemnity insurance for lack of building regulations for work done in 2006, to satisfy their mortgage lender. (And maybe they'd want to get an electrician to check the electrics, and a surveyor to check the building alterations.)

cisko65

eddddy said:

Presumably you are still a joint freeholder (i.e. you still own a share of the freehold) - are you on good terms with the other joint freeholders?

If so, all the joint freeholders can sign a "freeholders' consent for alterations" letter. That might be sufficient for most buyers. (Assuming that's what the lease requires.)

But if a buyer really wants the official lease plan updated, then all the joint freeholders would need to sign a "deed of variation" - which might incur legal fees, etc.


And the buyer could probably get indemnity insurance for lack of building regulations for work done in 2006, to satisfy their mortgage lender. (And maybe they'd want to get an electrician to check the electrics, and a surveyor to check the building alterations.)

Thanks! I didn' know about the "freeholders' consent" potential option.